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HomeMy WebLinkAbout4A - 3356 Todd Road - VAR - Full Report 06 11 2018 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: June 11, 2018 AGENDA #: 4A PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Craig Gillen and Denise Barnhardt-Gillen are requesting variances from the mini- mum lot area, minimum structure setback from the Ordinary High Water (OHW) ele- vation, and front yard setback to allow the replacement of a single-family structure on property located at 3356 Todd Road SW . The property is located along the south- eastern shores of Upper Prior Lake, north of CSAH 12, and east of Dewitte Avenue SW . The property contains a single-family home (two-story with basement walkout) structure. The following variances are requested as noted on the attached survey: • A 506 square-foot variance from the minimum 15,000 square-foot lot area re- quired for a non-conforming lot of record in the Shoreland Overlay District) (Sec- tion 1104.902 (1)) • A 14-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) • A 17.3-foot variance from the required minimum 25-foot front yard structure set- back (Section 1102.405 (3)) Regulation Minimum Existing Proposed Variance Lot Area (Shoreland, Non-Conforming) 15,000 SF 14,494 SF 14,494 SF 506 SF Lake Setback 75’ 70’ 61’ 14’ Front Setback 25’ 2.4’ 7.7’ 17.3’ History The property is zoned R-1 (Low Density Residential) and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property is in the Shoreland Overlay District of Upper Prior Lake and contains a single-family home which was constructed in 1962. Current Circumstances The property is 14,494 square feet with a residence which is considered legal, non- conforming as it does not meet City Code requirements related to lot size, front yard, side or OHW setbacks. The applicant is requesting to remove the existing home and replace it with a home which has a slightly larger footprint to accommodate additional living space and a three-car garage. The existing home footprint is approximately 2 1,100 square feet with an approximate 700 square-foot attached garage. The pro- posed home footprint will be approximately 1,400 square feet with an approximate 1,000 square-foot attached garage. Lot Area: The lot area of the subject property is 14,494 square feet. While the Shoreland Ordinance does require a lot to be a minimum of 15,000 square feet in size for development into a single-family dwelling, this property has been in existence with a single-family residence since 1962 and has been valued and assessed as a buildable lot for single-family dwelling purposes for many years in this configuration. Most of the other lots along Todd Road SW are conforming in size. Lake Setback: The closest point of the existing structure to the OHW is the north- east corner of the home at 70 feet from the 904 elevation. The proposed residence at its closest point (northeast corner of proposed deck) will be 61 feet from the OHW. Front Setback: The existing residence is located at the end of Todd Road SW and has a front yard setback of approximately 2.4 feet. The improved portion of Todd Road SW ends in front of this property. The applicants would like to keep the home in relatively the same location as the existing home in an effort to retain as many of the large trees on the property as possible; however, they have accommodated staff’s suggestion to increase the front yard setback by an additional 5.3 feet at the closest point resulting in front yard setback ranging from 7.7 feet at the southeast corner of the proposed home to 22 feet at the southwest corner of the proposed home. Conclusion City Staff has met several times with the applicants over the last 24 months to dis- cuss the redevelopment of this lot. The applicants have worked diligently to design a home which will meet their needs while best utilizing the lot area available to them. The applicants and city staff did consider a potential vacation of a portion of the Todd Road right-of-way to allow for a greater front yard setback; however, staff ultimately did not support that option as the right-of-way may be needed in the future to accom- modate a larger turn-around area for use by the public as well as emergency service and snow removal vehicles. This proposal will result in a total impervious surface on the property of 21%, which is less than the 30% maximum allowed by City Code in the Shoreland District. This property and existing residence are legal, non-conforming as they existed prior to the adoption of the City Code. The City Staff believes the variances requested are warranted due to the lot constraints unique to the property and practical difficul- ties as stated in the findings in this report. Therefore, the City Staff recommends approval of the requested variances with the following conditions:  The variance resolution shall be recorded at Scott County.  Building Permit shall be obtained from the Building Department prior to the com- mencement of construction. ISSUES: This project includes requests for variances. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: 3 (1) There are practical difficulties in complying with the strict terms of the Ordinance. “Practical difficulties,” as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. There are practical difficulties in complying with the strict terms of the Ordi- nance associated with this request. This existing lot of record is of substand- ard size and is located at the end of a street which does not meet current city standards. Todd Road SW does not meet the standard associated with mini- mum street width and it lacks an adequate turn around area in front of the subject property. This street has a large amount of right-of-way which cannot be vacated in the event future road improvements are necessary. If strict compliance with the City Code were applied, the building envelope on this property is reduced to a triangular area approximately 2,300 square feet in size. Construction of a home within this building envelope would likely result in an irregularly shaped structure with views more to the east over the neigh- boring property rather than straight out to the north to the lake or a structure with a significantly smaller footprint. (2) The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the variances appears to be in harmony with the general pur- poses of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. Furthermore, the Shoreland Ordinance (Section 1104) policy’s intent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The replacement of this residence is in har- mony with these purposes and policies. (3) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The location of this substandard lot at the end of Todd Road SW along with the curvature of the OHW are circumstances unique to the property not result- ing from actions of the owners. The proposed home is increasing the setback to the front property line in the area in which the existing home is the closest. The potential for possible future road improvements requiring the use of the existing unimproved right-of-way limits the ability to vacate that right-of-way. This circumstance is unique to the property and not resulting from actions of the owners as it was platted in 1961 as part of the development to the south. 4 (4) The granting of the variances will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variances will not alter the essential character of the Todd Road SW neighborhood nor be detrimental to the health and safety of the public welfare. The proposed residence will have a greater front yard setback than the existing home. (5) The granting of the Variances will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. The requested variances would allow the replacement of a residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances requested for 3356 Todd Road SW with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Motion and a second to table or continue discussion of the item for specific pur- pose as directed by the Planning Commission. 3. Motion and a second to deny the variance requests because the Planning Com- mission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Survey of existing and proposed structures dated 5-08-18 4. Proposed Elevations & Floor Plans 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on June 11, 2018, to consider a request from Craig Gillen and Denise Barnhardt-Gillen, to approve variances to allow the replacement of a single-family dwelling located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 3356 Todd Road SW, Prior Lake, MN 55372 Legal Description: That part of Government Lot 3, Section 3, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast corner of Tract A, Registered Land Survey No. 155, Scott County, Minnesota; thence North 9 degrees 36 minutes 10 seconds West along the east line of said Tract A, a distance of 182 feet, more or less, to the shoreline of Prior Lake; thence southeasterly along said shoreline to its intersection with the west line of Tract F, Registered Land Survey No. 108, Scott County, Minnesota; thence southerly along said west line a distance of 80 feet, more or less, to the intersection with a line draw North 62 degrees 10 minutes 28 seconds East from the point of beginning; thence South 62 degrees 19 minutes 28 seconds West a distance of 106.55 feet to the point of beginning, according to the United States Government Survey thereof and situate in Scott County, Minnesota. Being registered land as evidenced by Certificate of Title No. 36969. (PID 259030120); and WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request, and persons interested were afforded the opportunity to present their views and objections related to the variance request; and WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV18- 000020 and held a hearing thereon on June 11, 2018; and WHEREAS, The Planning Commission has considered the effect of the proposed variances upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. There are practical difficulties in complying with the strict terms of the Ordinance. “Practical difficulties,” as used in connection with the granting of a Variance, means the property owner 2 proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. There are practical difficulties in complying with the strict terms of the Ordinance associated with this request. This existing lot of record is of substandard size and is located at the end of a street which does not meet current city standards. Todd Road SW does not meet the standard associated with minimum street width and it lacks an adequate turn around area in front of the subject property. This street has a large amount of right- of-way which cannot be vacated in the event future road improvements are necessary. If strict compliance with the City Code were applied, the building envelope on this property is reduced to a triangular area approximately 2,300 square feet in size. Construction of a home within this building envelope would likely result in an irregularly shaped structure with views more to the east over the neighboring property rather than straight out to the north to the lake or a structure with a significantly smaller footprint. b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the variances appears to be in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. Furthermore, the Shoreland Ordinance (Section 1104) policy’s intent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The replacement of this residence is in harmony with these purposes and policies. c. The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The location of this substandard lot at the end of Todd Road SW along with the curvature of the OHW are circumstances unique to the property not resulting from actions of the owners. The proposed home is increasing the setback to the front property line in the area in which the existing home is the closest. The potential for possible future road improvements requiring the use of the existing unimproved right-of-way limits the ability to vacate that right-of-way. This circumstance is unique to the property and not resulting from actions of the owners as it was platted in 1961 as part of the development to the south. d. The granting of the variances will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variances will not alter the essential character of the Todd Road SW neighborhood nor be detrimental to the health and safety of the public welfare. The proposed residence will have a greater front yard setback than the existing home. e. The granting of the Variances will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. The requested variances would allow the replacement of a residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow the construction of single-family house in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 506 square-foot variance from the minimum 15,000 square foot lot area required for a non- conforming lot of record in the Shoreland Overlay District (Section 1104.902 (1)) b. A 14-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) c. A 17.3-foot variance from the required minimum 25-foot front yard structure setback (Section 1102.405 (3)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. Building Permit shall be obtained from the Building Department prior to the commencement of construction. 3 PASSED AND ADOPTED THIS 11th DAY OF JUNE 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ S Y C A M O R E T R L S W T O D D R D S W Upper Prior Lake Scott County GIS Ü 3356 Todd Road SW Variance Location Map UPPER PRIOR LAKE GD(904) SPRING LAKE GD(912.8) BLIND LAKERD (948.7) MARKLEY LAKERD ( ) CRYSTAL LAKE NE(943.3) RICE LAKE NE(945) CAMPBELL LAKENE (Not Estab.) Spring Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY